Comptroller of Public Accounts
The Comptroller of Public Accounts adopted new 34 TAC §§16.300 - 16.306 in the January 12, 2024, issue of the Texas Register (49 TexReg 141). Due to an error by the Texas Register, the incorrect effective date was published for the adoption. The correct effective date for the adoption is January 11, 2024.
TRD-202400144
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, §303.009, and §304.003 Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/22/24 - 01/28/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/22/24 - 01/28/24 is 18.00% for commercial2 credit.
The postjudgment interest rate as prescribed by §304.003 for the period of 02/01/24 - 02/29/24 is 8.50%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202400151
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 17, 2024
Application to Expand Field of Membership
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.
An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas, to expand its field of membership. The proposal would permit employees of Landry's Inc., who work in, or are paid or supervised from its headquarters in Houston, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202400142
Michael S. Riepen
Commissioner
Credit Union Department
Filed: January 17, 2024
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:
An application was received from Waconized Federal Credit Union (Waco) seeking approval to merge with 1st University Credit Union (Waco), with 1st University Credit Union being the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202400143
Michael S. Riepen
Commissioner
Credit Union Department
Filed: January 17, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 27, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 27, 2024. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Christopher Castillo, Sr.; DOCKET NUMBER: 2023-0691-OSI-E; IDENTIFIER: RN104306352; LOCATION: Duncanville, Dallas County; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §30.5(a) and §285.50, Texas Health and Safety Code, §366.071(a), and TWC, §37.003, by failing to renew a license to construct, install, alter, extend, service, maintain, or repair an OSSF; PENALTY: $450; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: City of Benjamin; DOCKET NUMBER: 2022-0435-PWS-E; IDENTIFIER: RN101390169; LOCATION: Benjamin, Knox County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(iii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), and (B)(iii), by failing to maintain water works and maintenance records and make them readily available for review by the Executive Director upon request; 30 TAC §290.46(s)(1), by failing to calibrate the facility's reverse osmosis (RO) and North Central Texas Municipal Water Authority feed flow meters at least once every 12 months; 30 TAC §290.46(s)(2)(G), by failing to calibrate the facility's conductivity monitors and pressure instruments used for RO membrane systems at least once every 12 months; 30 TAC §290.46(z), by failing to create a nitrification action plan for all systems distributing chloraminated water; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; PENALTY: $5,885; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(3) COMPANY: City of Edna; DOCKET NUMBER: 2022-0381-MWD-E; IDENTIFIER: RN100525328; LOCATION: Edna, Jackson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010164001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; PENALTY: $36,600; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $29,280; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: City of Round Rock, City of Cedar Park, and City of Austin; DOCKET NUMBER: 2020-0964-MLM-E; IDENTIFIER: RN100822600; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR05EN54, Part III, Section A.1, by failing to maintain a complete Stormwater Pollution Prevention Plan; 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0010264002, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to maintain compliance with permitted effluent limitations; 30 TAC §305.125(1), (4), and (5), TWC, §26.121(a)(1), and TPDES Permit Number WQ0010264002, Permit Conditions Number 2.d, by failing to take all reasonable steps to minimize or prevent any discharge or other permit violation that has a reasonable likelihood of adversely affecting human health or the environment; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0010264002, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly maintained; and 30 TAC §305.125(1) and (5), TWC, §26.121(a)(1), and TPDES Permit Number WQ0010264002, Permit Conditions Number 2.g, by failing to prevent an unauthorized discharge of sewage into or adjacent to any water in the state; PENALTY: $355,980; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $355,980; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(5) COMPANY: City of West Columbia; DOCKET NUMBER: 2021-1643-MWD-E; IDENTIFIER: RN101917177; LOCATION: West Columbia, Brazoria County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010312001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; PENALTY: $56,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $56,250; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(6) COMPANY: CNP Utility District; DOCKET NUMBER: 2021-1550-MWD-E; IDENTIFIER: RN102687597; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011239001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $29,975; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $23,980; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(7) COMPANY: E S Water Utility Consolidators INCORPORATED; DOCKET NUMBER: 2022-0593-PWS-E; IDENTIFIER: RN101430080; LOCATION: Porter, Montgomery County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $210; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(8) COMPANY: JHEM Investment LLC dba Dollar Saver 3; DOCKET NUMBER: 2022-1303-PST-E; IDENTIFIER: RN102923208; LOCATION: Iowa Park, Wichita County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(9) COMPANY: NIVEDITA LLC dba Handy Foods; DOCKET NUMBER: 2022-0954-PST-E; IDENTIFIER: RN101563922; LOCATION: Gainesville, Cooke County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Town of Little Elm; DOCKET NUMBER: 2023-0339-MWD-E; IDENTIFIER: RN102909124; LOCATION: Little Elm, Denton County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011600001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $49,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $39,200; ENFORCEMENT COORDINATOR: Megan Crinklaw, (512) 239-1129; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
TRD-202400135
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: January 16, 2024
An agreed order was adopted regarding TriStar Convenience Stores, Inc. dba Handi Stop 74, Docket No. 2021‑0406‑PST‑E on January 16, 2024 assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barrett Hollingsworth, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Belmont 407, LLC, Docket No. 2022‑0645‑WQ‑E on January 16, 2024 assessing $1,788 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202400149
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 17, 2024
In the May 27, 2022, issue of the Texas Register (47 TexReg 3172), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 3, for City of Beeville; Docket Number 2021-1036-MWD-E. The error is as submitted by the commission.
The reference to the Supplemental Environmental Project Offset Amount should be added to the publication to read: "$9,900."
For questions concerning these errors, please contact Michael Parrish at (512) 239-2548.
TRD-202400136
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: January 16, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 27, 2024. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 27, 2024. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: James Shelton; DOCKET NUMBER: 2022-0760-MSW-E; TCEQ ID NUMBER: RN111385746; LOCATION: 11775 Carpenter Road, Beaumont, Jefferson County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $3,937; STAFF ATTORNEY: Taylor Pack Ellis, Litigation, MC 175, (512) 239-6860; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-202400137
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: January 16, 2024
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, §116.150(e), and corresponding revisions to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the U.S. Environmental Protection Agency (EPA) concerning SIPs.
This proposed rulemaking will amend the language in 30 TAC §116.150(e) to clarify the nitrogen oxides (NOX) exemption for the El Paso nonattainment area applies only for the 1979 one-hour ozone standard, in accordance with EPA's approval of the NOX waiver.
The commission will hold a hybrid and in-person public hearing on this proposal in Austin on February 27, 2024, at 10:00 a.m. in Building F, Room 2210, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.
Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by Friday, February 23, 2024. To register for the hearing, please email Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, your phone number, and whether you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on Monday, February 26, 2024, to those who register for the hearing.
Persons who do not wish to provide oral comments but would like to view the hearing virtually may do so at no cost at:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTkzNmNkYTgtZmViYS00ZDRjLWI4ZWUtMzNlMDA2OTA2YTk4%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%2c%22IsBroadcastMeeting%22%3atrue%7d
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Ms. Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.
If you need translation services, please contact TCEQ at 800-687-4040. Si desea información general en español, puede llamar al 800-687-4040.
Written comments may be submitted to Ms. Gwen Rico, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, Post Office Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Rule Project Number 2023-121-116-AI. The comment period closes February 27, 2024. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html.
For further information, please contact Ms. Suzanne Alexander, Operational Support Section, Air Permits Division, (512) 239-2134.
TRD-202400119
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 12, 2024
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 311, Watershed Protection Rules, Subchapter H, under the requirements of Texas Water Code, §§26.551 - 26.562 and Texas Government Code, Chapter 2001, Subchapter B.
The proposed rulemaking would implement House Bill 1688, 88th Legislature, by amending 30 TAC Chapter 311, Subchapter H, §§311.71 - 311.75, 311.77, and 311.79 - 311.82 to expand permitting and financial assurance requirements for quarries in the new Coke Stevenson Scenic Riverway, continue the requirements in the John Graves Scenic Riverway, and extend the expiration date of the subchapter until September 1, 2027. In addition, the title of Subchapter H would be amended to "Regulation of Quarries in Certain Water Quality Protection Areas."
The commission will hold a hybrid virtual and in-person public hearing on this proposal in Austin on February 26, 2024, at 9:30 a.m. in Building F, Room 2210 at the commission's central office located at 12100 Park 35 Circle, Austin, Texas. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.
Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by February 22, 2024. To register for the hearing, please email Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, your phone number, and whether or not you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on February 23, 2024, to those who register for the hearing.
Persons who do not wish to provide oral comments but would like to view the hearing may do so at no cost at:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzU0MTIxMzQtNDc0Zi00YmZiLTg1NDEtZjdlZmZkODdjZWM5%40thread.v2/0?context=%7B%22Tid%22%3A%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2C%22Oid%22%3A%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%2C%22IsBroadcastMeeting%22%3Atrue%2C%22role%22%3A%22a%22%7D&btype=a&role=a
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.
A Spanish translation of this notice is available at: https://www.tceq.texas.gov/rules/hearings.html. If you need additional translation services, please contact TCEQ at 800-687-4040. Si desea información general en español, puede llamar al 800-687-4040.
Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Rule Project Number 2023-138-311-OW. The comment period closes February 26, 2024. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact the Macayla Coleman, Water Quality Division, (512) 239-3925.
TRD-202400117
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 12, 2024
APPLICATION. Cedar Creek MH, LLC, 8350 East Raintree Drive, Suite 220, Scottsdale, Arizona 85260, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016303001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. TCEQ received this application on February 22, 2023.
The facility will be located at 2883 State Highway 71, Bastrop, in Bastrop County, Texas 78612. The treated effluent will be discharged to an unnamed tributary of Dry Creek, thence to Dry Creek, thence to the Colorado River Below Lady Bird Lake / Town Lake in Segment No. 1428 of the Colorado River Basin. The unclassified receiving water uses are minimal aquatic life use for the unnamed tributary of Dry Creek and limited aquatic life use for Dry Creek. The designated uses for Segment No. 1428 are primary contact recreation, public water supply, and exceptional aquatic life use. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic life uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
https://gisweb.tceq.texas.gov/LocationMapper/?marker=-97.525375,30.172697&level=18
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices.
PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Tuesday, February 27, 2024 at 7:00 p.m.
Bastrop Convention & Exhibit Center
1408 Chestnut Street
Bastrop, Texas 78602
INFORMATION. Members of the public are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our web site at https://www.tceq.texas.gov.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Bastrop County Public Library, 1100 Church Street, Bastrop, Texas. Further information may also be obtained from Cedar Creek MH, LLC at the address stated above or by calling Ms. Shelley Young, Consulting Engineer, WaterEngineers, Inc. at (281) 373-0500.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Issuance Date: January 12, 2024
TRD-202400148
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 17, 2024
Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Dave Guilianelli at (512) 463-5800.
Deadline: Unexpended contributions report due January 18, 2022
Eric Holguin, 1514 Ennis Joslin Rd., Corpus Christi, Texas 78412
Deadline: Semiannual report due January 18, 2022
Antonio Salas, 4808 Fairmont Parkway #362, Pasadena, Texas 77505
Tierrishia Gibson, 113 N Heritage Oaks Drive, Texas City, Texas 77591
Deadline: 30 day pre-election report due January 31, 2022
Craig M. Carter, 901 E. Hwy 82, Nocona, Texas 76255
Deadline: 8 day pre-election report due February 22, 2022
Carey A. Counsil, 4001 Counsil Lane, Brenham, Texas 77833
Marquis L. Hawkins, 123 E Woodin Blvd., Dallas, Texas 75216
Craig M. Carter, 901 E. Hwy 82, Nocona, Texas 76255
Deadline: Semiannual report due July 15, 2022
Mr. Matthew R. Worthington, P.O. Box 18233, Austin, Texas 78260
Juan M. Medina, 5 Turin Ct., San Antonio, Texas 78257
A.D. Jenkins, 107 Lida Court, Grand Prairie, Texas 75050
Judy L. Nichols, 1520 N. 20th St., Nederland, Texas 77627
Deadline: 8 day pre-election report due October 31, 2022
Alexander E. Cornwallis, 1901 Sweetwater Lane, Prosper, Texas 75078
Daniel J. Hochman, 13 Manor Way, Galveston, Texas 77550
Celina Marie Lopez Leon, P.O. Box 2310, Corpus Christi, Texas 78403
The Honorable W. Kenneth Paxton, P.O. Box 3476, McKinney, Texas 75070
Deadline: Semiannual report due January 17, 2023
Cody R. Arn, 4821 E Riverside Dr. #235, Austin, Texas 78741
TRD-202400087
Aidan Shaughnessy
Program Supervisor
Texas Ethics Commission
Filed: January 11, 2024
Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 5, 2024, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System (HCPCS) Updates.
This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
Registration URL:
https://attendee.gotowebinar.com/register/2783374539315082845
After registering, you will receive a confirmation email containing information about joining the webinar. Instructions for dialing-in by phone will be provided after you register.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401, 1.402, 1.403 & 1.404 in the North Austin Complex located at 4601 W Guadalupe Street, Austin, Texas, or they may access a live stream of the meeting at https://www.hhs.texas.gov/about/live-archived-meetings. For the live stream, select the "North Austin Complex Live" tab. A recording of the hearing will be archived and accessible on demand at the same website under the "Archived" tab. The hearing will be held in compliance with Texas Human Resources Code section 32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.
Any updates to the hearing details will be posted on the HHSC website at https://www.hhs.texas.gov/about/meetings-events.
Proposal. The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:
Effective March 14, 2023
Quarterly HCPCS Updates:
-COVID-19 Vaccine Administration
Effective April 18, 2023
Quarterly HCPCS Updates:
- COVID-19 Vaccine Administration
Effective September 11, 2023
Quarterly HCPCS Updates:
- COVID-19 Vaccine and Vaccine Administration
Effective October 1, 2023
Quarterly HCPCS Updates:
- RSV Vaccine Type of Service (TOS) S
Effective October 3, 2023
Quarterly HCPCS Updates:
- COVID-19 Vaccine
Effective October 6, 2023
Quarterly HCPCS Updates:
- RSV Monoclonal
Effective January 1, 2024
Medical Policy Review:
-Renal Dialysis
Annual HCPCS Updates:
- Physician Administered Drugs - Type of Service (TOS) 1 (Medical Services);
- Non-Drugs - TOS 1;
- Surgery Services - TOS 2 (Surgery Services), and TOS 8 (Assistant Surgery);
- Radiological Services - TOS 4 (Radiology), TOS I (Professional Component), and TOS T (Technical Component);
- Clinical Diagnostic Laboratory Services - TOS 5 (Laboratory);
- Durable Medical Equipment, Prosthetics, Orthotics, and Supplies - TOS 9 (Other Medical Items or Services), TOS J (DME Purchase-New), and TOS L (DME Rental-Monthly); and
- Ambulatory Surgical Center - TOS F (Ambulatory Surgical Center and Hospital-based Ambulatory Surgical Center).
Effective April 1, 2024
Calendar Fee Review:
- Long-Acting Reversible Contraceptives (LARCS)
Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:
Section 355.8023, Reimbursement Methodology for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS);
Section 355.8061, Outpatient Hospital Reimbursement;
Section 355.8085, Reimbursement Methodology for Physicians and Other Practitioners;
Section 355.8121, Reimbursement for Ambulatory Surgical Centers;
Section 355.8441, Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (also known as Texas Health Steps);
Section 355.8581, Reimbursement Methodology for Family Planning Services;
Section 355.8641, Reimbursement Methodology for the Women's Health Program;
Section 355.8610, Reimbursement methodology for Clinical Laboratory Services; and
Section 355.8660, Renal Dialysis Reimbursement.
Rate Hearing Packet. A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or before January 26, 2024. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.
Preferred Communication. For quickest response please use e-mail or phone if possible for communication with HHSC related to this rate hearing.
Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202400133
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: January 12, 2024
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive comments on the proposed interim payment rates for State Veterans Homes, effective state fiscal year 2024. The hearing will occur on February 27, 2024, at 9:00 a.m. in the HHSC John H. Winters Building, Public Hearing Room 125W, First Floor, at 701 W. 51st Street, Austin, Texas 78751.
This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
Registration URL: https://attendee.gotowebinar.com/register/4637742681436282965
Webinar ID: 155-196-875
After registering, you will receive a confirmation email containing information about joining the webinar. Instructions for dialing in by phone will be provided after you register.
HHSC will also broadcast the public hearing; the broadcast can be accessed on this webpage: https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and accessible on demand on the same website. The hearing will be held in compliance hearings on proposed Medicaid reimbursements.
Proposal. State Fiscal Year 2024 Proposed Interim Reimbursement Rates for the State Veterans Nursing Homes, effective retroactive to September 1, 2023.
Methodology and Justification. HHSC maintains a program so Medicaid-eligible veterans can reside in State Veteran's Nursing Homes. Currently, eight homes are in operation, overseen by the Veterans Land Board (VLB). The VLB is authorized to operate these nursing facilities under Chapter 164, Natural Resources Code. Interim rates are calculated by the VLB and adopted by HHSC.
Briefing Package. A briefing package describing the proposed payment rates will be available on the Provider Finance webpage (https://pfd.hhs.texas.gov/rate-packets) no later than February 9, 2024. Interested parties may obtain a copy of the briefing package before the hearing by contacting the HHSC Provider Finance Department by telephone at (737) 867-7817; fax at (512) 730-7475; or email at PFD‑LTSS@hhs.texas.gov. The briefing package will also be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted instead of, or in addition to, oral testimony until 5:00 p.m. on the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance Department, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD‑LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand delivered to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 W. Guadalupe St., Austin, Texas 78751.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact HHSC Provider Finance by calling (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202400128
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: January 12, 2024
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0003 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to update the State Plan to allow providers of inpatient psychiatric hospital services in an institution of mental disease to be accredited by any CMS approved accrediting organization for psychiatric hospitals. Currently, the Texas State Plan limits accreditation for inpatient psychiatric hospital services to The Joint Commission. The proposed amendment is effective February 01, 2024.
The proposed amendment is estimated to have no fiscal impact.
To obtain copies of the proposed amendment, interested parties may contact Nicole Hotchkiss, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 438-5035; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the Access and Eligibility Services for local benefit offices.
TRD-202400099
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: January 11, 2024
Application for Indiana Lumbermens Insurance Company, a foreign fire and/or casualty company, to change its name to HDI Global Select Insurance Company. The home office is in Chicago, Illinois.
Application to do business in the state of Texas for Astiva Health of Texas, LLC, a foreign Health Maintenance Organization (HMO). The home office is in Orange, California.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.
TRD-202400150
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: January 17, 2024
Scratch Ticket Game Number 2556 "BIG MONEY"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2556 is "BIG MONEY". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2556 shall be $20.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2556.
A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.
C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: SAILBOAT SYMBOL, LEMON SYMBOL, HORSESHOE SYMBOL, MOON SYMBOL, PIGGY BANK SYMBOL, RING SYMBOL, STAR SYMBOL, LIGHTNING BOLT SYMBOL, CHERRY SYMBOL, SUN SYMBOL, HEART SYMBOL, HAT SYMBOL, RAINBOW SYMBOL, MELON SYMBOL, DICE SYMBOL, BELL SYMBOL, WISHBONE SYMBOL, CACTUS SYMBOL, HORSE SYMBOL, UMBRELLA SYMBOL, BOOT SYMBOL, ANCHOR SYMBOL, PINEAPPLE SYMBOL, DAISY SYMBOL, TREASURE CHEST SYMBOL, 10X SYMBOL, 20X SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, $20.00, $50.00, $100, $200, $500, $1,000, $10,000 and $1,000,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2556 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2556), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2556-0000001-001.
H. Pack - A Pack of the "BIG MONEY" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The front of Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 025 will be shown on the back of the Pack.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "BIG MONEY" Scratch Ticket Game No. 2556.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "BIG MONEY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-two (72) Play Symbols. $50 BONUS: If a player reveals 2 matching symbols in the $50 BONUS, the player wins $50. $100 BONUS: If the player reveals 2 matching symbols in the $100 BONUS, the player wins $100. $200 BONUS: If the player reveals 2 matching symbols in the $200 BONUS, the player wins $200. BIG MONEY: If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "TREASURE CHEST" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. If the player reveals a "20X" Play Symbol, the player wins 20 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly seventy-two (72) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly seventy-two (72) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the seventy-two (72) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-two (72) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
B. GENERAL: A Ticket can win as indicated by the prize structure.
C. GENERAL: A Ticket can win up to thirty-three (33) times.
D. GENERAL: The "TREASURE CHEST" (WIN$), "10X" (WINX10) and "20X" (WINX20) Play Symbols will never appear in the $50 BONUS, $100 BONUS or $200 BONUS play areas.
E. $50 BONUS: A non-winning $50 BONUS play area will have two (2) different Play Symbols.
F. $50 BONUS: Winning Tickets will contain two (2) matching Play Symbols in the $50 BONUS play area and will win $50.
G. $100 BONUS: A non-winning $100 BONUS play area will have two (2) different Play Symbols.
H. $100 BONUS: Winning Tickets will contain two (2) matching Play Symbols in the $100 BONUS play area and will win $100.
I. $200 BONUS: A non-winning $200 BONUS play area will have two (2) different Play Symbols.
J. $200 BONUS: Winning Tickets will contain two (2) matching Play Symbols in the $200 BONUS play area and will win $200.
K. BIG MONEY: No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.
L. BIG MONEY: A non-winning Prize Symbol will never match a winning Prize Symbol.
M. BIG MONEY: On winning and Non-Winning Tickets, the top cash prizes of $1,000, $10,000 and $1,000,000 will each appear at least once, except on Tickets winning thirty-three (33) times and with respect to other parameters, play action or prize structure.
N. BIG MONEY: Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.
O. BIG MONEY: No matching WINNING NUMBERS Play Symbols will appear on a Ticket.
P. BIG MONEY: All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $50 and 50).
Q. BIG MONEY: On all Tickets, a Prize Symbol will not appear more than six (6) times, except as required by the prize structure to create multiple wins.
R. BIG MONEY: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.
S. BIG MONEY: The "TREASURE CHEST" (WIN$) Play Symbol will never appear on the same Ticket as the "10X" (WINX10) or "20X" (WINX20) Play Symbols.
T. BIG MONEY: The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.
U. BIG MONEY: The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.
V. BIG MONEY: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.
W. BIG MONEY: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
X. BIG MONEY: The "20X" (WINX20) Play Symbol will never appear more than once on a Ticket.
Y. BIG MONEY: The "20X" (WINX20) Play Symbol will win 20 TIMES the prize for that Play Symbol and will win as per the prize structure.
Z. BIG MONEY: The "20X" (WINX20) Play Symbol will never appear on a Non-Winning Ticket.
AA. BIG MONEY: The "20X" (WINX20) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
BB. BIG MONEY: The "10X" (WINX10) and "20X" (WINX20) Play Symbols can appear on the same Ticket as per the prize structure.
CC. BIG MONEY: The "TREASURE CHEST" (WIN$) Play Symbol will win the prize for that Play Symbol.
DD. BIG MONEY: The "TREASURE CHEST" (WIN$) Play Symbol will never appear more than once on a Ticket.
EE. BIG MONEY: The "TREASURE CHEST" (WIN$) Play Symbol will never appear on a Non-Winning Ticket.
FF. BIG MONEY: The "TREASURE CHEST" (WIN$) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "BIG MONEY" Scratch Ticket Game prize of $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BIG MONEY" Scratch Ticket Game prize of $1,000, $10,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "BIG MONEY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "BIG MONEY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "BIG MONEY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 8,040,000 Scratch Tickets in Scratch Ticket Game No. 2556. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2556 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2556 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).
6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2556, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202400138
Bob Biard
General Counsel
Texas Lottery Commission
Filed: January 16, 2024
Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on November 29, 2023, to amend a certificate of convenience and necessity for a minor service area boundary change.
Docket Style and Number: Application of Cap Rock Telephone Cooperative, Inc. to Amend its Certificate of Convenience and Necessity for a Minor Service Area Boundary Change in the Flomot Exchange, Docket Number 55919.
The Application: Cap Rock Telephone Cooperative, Inc. filed an application to amend its certificate of convenience and necessity number 40012 to amend the boundary of Cap Rock' s Flomot exchange to incorporate a small area east of County Road 271 and north of U. S. Highway 62 in Floyd County.
Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by electronic mail at puc.texas.gov, by phone at (512) 936-7120, or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is January 19, 2024. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 55919.
TRD-202400130
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: January 12, 2024